BILL NUMBER: AB 2300 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 18, 2010
An act to add Chapter 10.7 (commencing with Section 4700)
to Division 2 of the Business and Professions Code, and to amend
Sections 124980 and 124996 of, and to repeal Section 124981 of, the
Health and Safety Code, relating to genetic counselors, and making an
appropriation therefor. An act to add Section 124982
to the Health and Safety Code, relating to genetic counselors.
LEGISLATIVE COUNSEL'S DIGEST
AB 2300, as amended, Emmerson. Genetic counselors.
Existing law, the Hereditary Disorders Act, requires the
state State Department of Public Health to
establish hereditary disorder programs, 100 specified, and to license
master level genetic counselors and doctoral level geneticists.
One of the requirements for licensure is that an individual
demonstrate competence by a examination administered or approved by
the department. Existing law prohibits an unlicensed person
from using the title of genetic counselor. Existing law
provides for the licensing and regulation of various healing arts
practitioners by regulatory boards in the Department of Consumer
Affairs.
This bill would create the Genetic Counselors Licensing Board in
the Department of Consumer Affairs, which would consist of 7 members
appointed by the Governor. This bill would specify the powers and
duties of the board relative to licensing and regulation of genetic
counselors, as defined, and would, on and after July 1, 2011,
prohibit any person from engaging in the practice of genetic
counseling without a license issued by the board. The bill would
authorize the board to establish licensure fees to be deposited in
the Genetic Counselors Fund, which would be created by the bill.
Moneys in the fund would be continuously appropriated to the board
for purposes of the act.
This bill would require, on and after July 1, 2011, the department
to issue a temporary genetic counselor license, valid for one year,
to a person who meets all of the requirements for licensure except
passing the above-described examination. The bill would require a
person working under a temporary genetic counselor license to work
under the general supervision of a licensed genetic counselor or a
licensed physician and surgeon.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 124982 is added to the
Health and Safety Code , to read:
124982. (a) On and after July 1, 2011, the department shall issue
a temporary genetic counselor license valid for one year to a person
to practice genetic counseling who meets all the requirements for
licensure set forth in Section 124981, except passing the
certification examination as required by Section 124981.
(b) A person holding a temporary genetic counselor license who
fails the first available certification examination held by the ABGC
may reapply, no later than 30 days after the date of the examination,
on a one-time basis, for an additional temporary genetic counselor
license.
(c) Notwithstanding subdivision (a), a temporary license issued
pursuant to this section shall expire upon any of the following
events, whichever occurs earlier:
(1) The issuance of a license pursuant to Section 124981.
(2) Thirty days after notification of the department that an
applicant has failed the certification examination, or on the date
that the applicant applies and is granted an additional temporary
license pursuant to subdivision (b).
(3) The expiration date on the temporary license.
(d) A person holding a temporary genetic counselor license issued
pursuant to this section, shall be required to work under the general
supervision of a licensed genetic counselor or a licensed physician
and surgeon.
SECTION 1. Chapter 10.7 (commencing with
Section 4700) is added to Division 2 of the Business and Professions
Code, to read:
CHAPTER 10.7. GENETIC COUNSELORS
4700. (a) There is in the Department of Consumer Affairs a
Genetic Counselors Licensing Board. The board consists of seven
members, five of whom shall be licensed in accordance with this
chapter or as provided in subdivision (g) and two of whom shall be
public members. The members of the board shall be appointed by the
Governor to serve a term of two years. No member shall be appointed
to serve more than two consecutive terms, provided that a member
appointed to fill a vacancy may serve for the time remaining in that
term plus be appointed to two additional terms. A former member may
be reappointed pursuant to this section after a two-year period of
nonservice following his or her serving two terms. Members shall be
residents of this state.
(b) A member may be removed by the Governor for neglect of duty,
misconduct, or misfeasance in office upon provision of written notice
of the charges against the member and an opportunity to be heard.
Upon the death, resignation, or removal for cause of a member, the
Governor may fill the vacancy for the remainder of the member's term.
(c) The board shall, at its first meeting and annually thereafter,
organize by electing from its members a chair, vice chair, and
secretary. Those officers shall serve until their successors are
elected and qualified.
(d) The board shall meet at least twice annually, and may hold
additional meetings at the call of the chair or at any time as may be
determined by the board.
(e) The board shall do all of the following:
(1) Adopt rules and regulations necessary to license and regulate
genetic counselors.
(2) Recommend policy and budgetary matters to the department.
(3) Establish administrative procedures for processing
applications for licenses and renewals, and license reinstatements.
(4) Hire or appoint staff or agents, as appropriate, for
processing applications.
(5) Retain records of its actions and proceedings.
(6) Conduct hearings.
(7) Impose discipline on licensees for violations of this chapter
and rules and regulations adopted pursuant thereto, including fines,
censures, reprimand, placement on probation, and license revocations,
suspensions, and denials.
(8) Summarily suspend the license of a licensee who poses an
imminent danger to the public.
(9) Maintain rosters of the names and addresses of licensees and
all persons against whom adverse license action has been taken. These
rosters shall be available to the public upon written request and
payment of a fee set by the board.
(10) Perform any other functions as may be required to carry out
this chapter.
(f) Members of the board shall serve without compensation but may
be reimbursed for actual and reasonable expenses incurred in the
performance of their duties.
(g) The five seats on the board to be held by licensees shall
initially be held by genetic counselors who are certified by the
American Board of Genetic Counseling and who otherwise meet the
requirements for licensure set forth in Section 4701 or genetic
counselors who, as of January 1, 2011, are licensed pursuant to
Section 124981 of the Health and Safety Code.
4701. (a) (1) On and after July 1, 2011, no person may engage in
the practice of genetic counseling or use the title of genetic
counselor unless he or she has obtained a license issued by the board
pursuant to this chapter.
(2) "Genetic counseling" means the process by which patients or
relatives, at risk of an inherited disorder, are advised of the
consequences and nature of the disorder, the probability of
developing or transmitting the disorder, and the options open to them
in management and family planning in order to prevent, avoid, or
ameliorate the disorder. Genetic counseling includes activities
carried out pursuant to the Hereditary Disorders Act, as defined in
Section 27 of the Health and Safety Code.
(b) The board shall issue a license to an applicant who does or
has done all of the following:
(1) Has earned a master's degree or above from a program
specializing in or having substantial course content in genetics.
(2) Passes the certification examination administered by the
American Board of Genetic Counseling (ABGC).
(3) Has completed a genetic counseling program accredited by the
ABGC.
(4) Has been granted, and maintains, active candidate status by
the ABGC.
(5) Files an application with the board, including a letter of
recommendation signed by a supervisor of the applicant.
(6) Pays a licensure fee as determined by the board pursuant to
Section 4704.
(c) Notwithstanding subdivision (b), the board shall issue a
license to an applicant who, on January 1, 2011, holds a genetic
counselor license issued by the State Department of Public Health
pursuant to Section 124981 of the Health and Safety Code.
4702. (a) A genetic counselor license shall be valid for three
years unless at any time during that period it is revoked or
suspended. The license may be renewed prior to the expiration of the
three-year period.
(b) To qualify to renew the license, the licensee shall have
completed 45 hours of continuing education units during the
three-year license renewal period. At least 30 hours of the
continuing education units shall be in genetics.
4703. (a) On and after July 1, 2011, the board shall issue a
temporary genetic counselor license valid for one year to a person to
practice genetic counseling who meets all the requirements for
licensure set forth in Section 4701, except passing the certification
examination held by the ABGC.
(b) A person holding a temporary genetic counselor license who
fails the first available certification examination held by the ABGC
may reapply, no later than 30 days after the date of the examination,
on a one-time basis, for an additional temporary genetic counselor
license.
(c) A temporary license shall expire, notwithstanding subdivision
(a), upon any of the following events, whichever occurs earlier:
(1) The issuance of a license pursuant to Section 4701.
(2) Thirty days after notification of the board that an applicant
has failed the certification examination, or on the date that the
applicant applies and is granted an additional temporary license
pursuant to subdivision (b).
(3) The expiration date on the temporary license.
(d) A person holding a temporary genetic counselor license shall
be required to work under the general supervision of a licensed
genetic counselor or a licensed physician and surgeon.
4704. Fees shall be established by the board in an amount
necessary to implement the provisions of this chapter. The fee for an
original license and for license renewal shall not exceed two
hundred dollars ($200). All fees collected by the board shall be
deposited in the Genetic Counselors Fund, which is hereby created in
the Professions and Vocations Fund. Notwithstanding Section 13340 of
the Government Code, the moneys in the fund shall be continuously
appropriated to the board to carry out this chapter.
SEC. 2. Section 124980 of the Health and Safety
Code is amended to read:
124980. The director shall establish any regulations and
standards for hereditary disorders programs as the director deems
necessary to promote and protect the public health and safety.
Regulations adopted shall implement the principles established in
this section. These principles shall include, but not be limited to,
the following:
(a) The public, especially communities and groups particularly
affected by programs on hereditary disorders, should be consulted
before any regulations and standards are adopted by the department.
(b) The incidence, severity, and treatment costs of each
hereditary disorder and its perceived burden by the affected
community should be considered and, where appropriate, state and
national experts in the medical, psychological, ethical, social, and
economic effects or programs for the detection and management of
hereditary disorders shall be consulted by the department.
(c) Information on the operation of all programs on hereditary
disorders within the state, except for confidential information
obtained from participants in the programs, shall be open and freely
available to the public.
(d) Clinical testing procedures established for use in programs,
facilities, and projects shall be accurate, provide maximum
information, and the testing procedures selected shall produce
results that are subject to minimum misinterpretation.
(e) No test or tests may be performed on any minor over the
objection of the minor's parents or guardian, nor may any tests be
performed unless the parent or guardian is fully informed of the
purposes of testing for hereditary disorders and is given reasonable
opportunity to object to the testing.
(f) No testing, except initial screening for phenylketonuria (PKU)
and other diseases that may be added to the newborn screening
program, shall require mandatory participation, and no testing
programs shall require restriction of childbearing, and participation
in a testing program shall not be a prerequisite to eligibility for,
or receipt of, any other service or assistance from, or to
participate in, any other program, except where necessary to
determine eligibility for further programs of diagnoses of or therapy
for hereditary conditions.
(g) Pretest and posttest counseling services for hereditary
disorders shall be available through the program or a referral source
for all persons determined to be or who believe themselves to be at
risk for a hereditary disorder. Genetic counseling shall be provided
by a physician, a certified advanced practice nurse with a genetics
specialty, a licensed genetic counselor, or other appropriately
trained licensed health care professional and shall be nondirective,
shall emphasize informing the client, and shall not require
restriction of childbearing.
(h) All participants in programs on hereditary disorders shall be
protected from undue physical and mental harm, and except for initial
screening for phenylketonuria (PKU) and other diseases that may be
added to newborn screening programs, shall be informed of the nature
of risks involved in participation in the programs, and those
determined to be affected with genetic disease shall be informed of
the nature, and where possible the cost, of available therapies or
maintenance programs, and shall be informed of the possible benefits
and risks associated with these therapies and programs.
(i) All testing results and personal information generated from
hereditary disorders programs shall be made available to an
individual over 18 years of age, or to the individual's parent or
guardian. If the individual is a minor or incompetent, all testing
results that have positively determined the individual to either
have, or be a carrier of, a hereditary disorder shall be given
through a physician or other source of health care.
(j) All testing results and personal information from hereditary
disorders programs obtained from any individual, or from specimens
from any individual, shall be held confidential and be considered a
confidential medical record except for information that the
individual, parent, or guardian consents to be released, provided
that the individual is first fully informed of the scope of the
information requested to be released, of all of the risks, benefits,
and purposes for the release, and of the identity of those to whom
the information will be released or made available, except for data
compiled without reference to the identity of any individual, and
except for research purposes, provided that pursuant to Subpart A
(commencing with Section 46.101) of Part 46 of Title 45 of the Code
of Federal Regulations entitled "Basic HHS Policy for Protection of
Human Subjects," the research has first been reviewed and approved by
an institutional review board that certifies the approval to the
custodian of the information and further certifies that in its
judgment the information is of such potentially substantial public
health value that modification of the requirement for legally
effective prior informed consent of the individual is ethically
justifiable.
(k) A physician providing information to patients on expanded
newborn screening shall disclose to the parent the physician's
financial interest, if any, in the laboratory to which the patient is
being referred.
( l ) An individual whose confidentiality has
been breached as a result of any violation of the provisions of the
Hereditary Disorders Act, as defined in subdivision (b) of Section
27, may recover compensatory and civil damages. Any person who
negligently breaches the confidentiality of an individual tested
under this article shall be subject to civil damages of not more than
ten thousand dollars ($10,000), reasonable attorney's fees, and the
costs of litigation. Any person who knowingly breaches the
confidentiality of an individual tested under this article shall be
subject to payment of compensatory damages, and in addition, may be
subject to civil damages of fifty thousand dollars ($50,000),
reasonable attorney's fees, and the costs of litigation, or
imprisonment in the county jail of not more than one year. If the
offense is committed under false pretenses, the person may be subject
to a fine of not more than one hundred thousand dollars ($100,000),
imprisonment in the county jail of not more than one year, or both.
If the offense is committed with the intent to sell, transfer, or use
individually identifiable health information for commercial
advantage, personal gain, or malicious harm, the person may be
subject to a fine of not more than two hundred fifty thousand dollars
($250,000), imprisonment in the county jail of not more than one
year, or both.
(m) "Genetic counseling" as used in this section shall not include
communications that occur between patients and appropriately trained
and competent licensed health care professionals, such as
physicians, registered nurses, and physicians assistants who are
operating within the scope of their license and qualifications as
defined by their licensing authority.
SEC. 3. Section 124981 of the Health and Safety
Code is repealed.
SEC. 4. Section 124996 of the Health and Safety
Code is amended to read:
124996. (a) The Genetic Disease Testing Fund is continued in
existence as a special fund in the State Treasury. The department may
charge a fee for any activities carried out pursuant to the
Hereditary Disorders Act. All moneys collected by the department
under the act shall be deposited in the Genetic Disease Testing Fund,
that is continuously appropriated to the department to carry out the
purposes of the act.
(b) It is the intent of the Legislature that the program carried
out pursuant to the act be fully supported from fees collected under
the act.
(c) The director shall adopt regulations establishing the amount
of fees for activities carried out pursuant to the act.
(d) The "Hereditary Disorders Act" or "act" referred to in this
section is the act described in subdivision (b) of Section 27.